Water Boards

Los Angeles Regional Water Quality Control Board

Mr .. Sree Kumar Los Angeles County Flood Control District 900 S. Fremont Ave, Annex Building 2nd Floor Alhambra, California 91802-1460

VIA CERTIFIED MAIL RETURN RECEIPT REQESTED No. 7008 1830 0004 3360 1134

TECHNICALLY CONDITIONED WATER QUALITY CERTIFICATION FOR PROPOSED SOFT ~BOTTOM CHANNEL REACH 114 ANNUAL MAINTENANCE AND USACE LEVEE SAFETY PROJECT (Corps' Project No. 2015-00258~BLR), LOS ANGELES RIVER, CITY OF LONG BEACH, LOS ANGELES COUNTY (FileNo. 15-038)

Dear Mr. Sree Kumar,

Board staff has reviewed yo:ur request on behalf of Los Angeles County Flood Control District (Applicant) for a Clean Water Act Section 401 Water Quality Certification for the above­referenced project. Your application was deemed complete on October 12, 2015.

I hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003 - 0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges that have received State Water Quality Certification" which requires compliance with all conditions of this Water Quality Certification.

Please read this entire document carefully. The Applicant shall be liable civilly for any violations of this Certification in accordance with the California Water Code. This Certification does not eliminate the Applicant's responsibility to comply with any other applicable laws, requirements and/or permits.

Should you have questions concerning this Certification action, please contact Valerie CarrilloZara, P.G., Lead, Section 401 Program, at (213) 576-6759.

S~ u~~ De~ ,~.,z..,.,s-samuel Unger, P .E. Date Executive Officer

DISTRIBUTION LIST .

SiyaAraumi Los Angeles County Flood Control District 900 S. Fremont Ave, Annex Building 2nd Floor Alhambra, California 91803

Bill Orme (via electronic copy) State Water Resolirces Control Board Division of Water Quality P.O. Box 944213 Sacramento, CA 94244-2130

Matt Chirdon (via electronic copy) California Department of Fish and Wildlife Streambed Alteration Team 3883 Ruffin Rd Suite A San Diego. CA. 92123-4813

Bormie Rogers U.S. Army Corps of Engineers Regulatory Branch, Los Angeles District 915 Wilshire Blvd., Suite 11 01 Los Angeles, CA 90017

Elizabeth Goldmann (via electronic copy) U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street, WRT~2-4 San Francisco, CA 941 05

Melissa Scianni (via electronic copy) U.S. Enviromnental·Protection Agency, Region 9 600 Wilshire Blvd, Suite 1460 Los Angeles, CA 90017 213-244-1817

G. Mendel Stewart J ohnathan Snyder U.S. Fish and Wildlife Service 2177 Salk Avenue Carlsbad, CA 92008

1. Applicant:

2. Applicant's Agent:

3. Project Name:

4. Project Location:

5. Type of Project:

6. ·Project PUrpose:

7: Project Description:

ATTACHMENT A

Project Information File No. 15-038

Mr. Sree Kumar Los Angeles County Flood Control District 900 S. Fremont Ave, Annex Building 2nd Floor Alhambra, California 91802-1460

Phone: (626) 458-4145 · Fax: (626) 458-4150

SiyaAraumi Los Angeles County Flood Control District 900 S. Fremont Ave, Annex Building 2nd Floor Alhambra, California 91803

Phone: (626) 458-4128 Fax: (626) 458-4150

Soft Bottom Channel Reach 114 Annual Maintenance and USACE ~evee Safety

Long Beach, Los Angeles County Soft Bottom Channel Reach 114 (SBC 114)

Latitude Longitude

33.790017 118.206244 33.790205 118.204770 33.783967 118.204714 33.773990 118.204669 33.767159 118.204661 33.767083 118.206268 33.773942 118.206243 33.783912 118.206222

Flood control channel maintenance

Los Angeles County Flood Control District (LACFCD) is proposing to annually access, inspect, and maintain the channel system at SBC 114 to remove vegetation and to conduct minor repairs for structural damages in order to re-establish adequate flood protection and diminish the significant risk of flooding to the adjacent residential communities.

In order to comply with U.S. Army Corps of Engineers (ACOE) Levee Safety Program and assure public safety, LACFCD must

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ATTACHMENT A

Project Information File No. 15-038

provide maintenance and repair activities including removal of vegetation overgrowth from levee side slopes and rip-rap repair work.

In the fall of 2013, the Los Angeles County Flood Control District (LACFCD) obtained a ACOE Clean Water Act Section 404 Regional General Pennit (RGP) Number 41 to authorize removal of the invasive giant reed (Arundo donax) along a portion of SBC Reach 114, including the Los Angeles River from Pacific Coast Highway (PCH) to Anaheim Street, in the City of Long Beach. The invasive vegetation removal activities were issued Clean Water Act Section 401 Water Quality Certification ~nder File No.13-11Q.

LACFCD has developed a revised maintenance plan addressing all vegetation including the invasive giant reed and w1lich includes the entire SBC Reach 114 from PCH to Ocean Boulevard. The maintenance plan includes areas identified by the ACOE as representing deficiencies under the Levee Safety Progran1. There are three identified deficient locations on the west bank of the Los Angeles River, two just north of the 1-710 freeway bridge, and one approximately 700 feet south of Pacific Coast Highway. There are also four identified deficient locations on the east bank, one is approximately 800 feet north of Ocean Boulevard, while the other three are scattered between the 1-71 0 freeway and Anaheim Boulevard, approximately 400-600 feet south of Anaheim Boulevaid.

Proposed rumual maintenance activities include, but are not limited to, mechanically removing accumulated sediment and debris, and mowing the vegetation in the channel to ensure the proper functioning of the flood ·control infrastructure. Weeds and grasses may be controlled by mowing or hand labor, and the channel will be · cleared annually to the same baseline condition.

The vegetation to be removed consists primarily of nonnative species: Chinese golden rain tree (Koelreuteria bipinnata), ficus tree (Ficus sp.), ash tree (Fraxinus sp.), Brazilian pepper tree (Schinus terebinthifolius), gum tree (Eucalyptus sp.), and castor bean tree (Ricinus conununis). Native . mule fat (Baccharis salicifo]ia), occur in three to four individuals in a small footprint, however they occur in an area identified by the ACOE Levee Safety Program as creating a deficiency. ·

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J

ATTACHMENT A

Project Information File No. 15-038

In addition, the repair work will also replace in-kind the existing side slopes, as necessary; approximately 23 cubic yards/50 tons of dirt fill, 43.4 cubic yards/100 tons of 12" riprap, and 17.8 cubic yards/25 tons of30" riprap will be use.d to maintain the existing side slope grade along the channel.

The Project will also replace five (5) deteriorated storm drain flap gates located within SBC 114. The flapgates cover storm drains that flow into the Los Angeles River. Ungrouted riprap is located within the channel at the point of discharge of flows from each flap gate.

The -Flap gate replacement will take place on the east bank of the Los Angeles River between Anaheim Street and Ocean Boulevard. There are t:wo flapgate areas; the first includes four 78-inch flapgates (Proj_ect Station No. 64+76.75), located within one outlet structure approximately 1,300 feet dov.lnstream of Anaheim Street; the second project area includes one 96-inch flapgate (Project Station No. 34+73), located approximately 1,200 feet upstream of Ocean Boulevard.

A biological survey was conducted on July 30, 2014, to determine the extent of any biological impact to the marine life or surrounding ecosystems during repair of the flap gates. The July 30, 2014 survey identified one invasive species, the New Zealand mud snail (Potamopyrgus antipodarum) in a mudflat area, approximately 100 feet north ofthe four 78-inch flapgate location. This area will not be impacted or entered during construction. All maintenance activities conducted will be monitored by a qualified biologist. In the· rare event the contractor comes in contact with the mud snail infestation, appropriate actions will be taken to avoid further spread of the species by implementing appropriate BMPs, which may include hot pressure-washing of any equipment and Clothing during construction activity, contained within a decontamination water tarp which will be properly disposed of. If it is necessary for the maintenance crew to enter the mudflat area near the group of the four 78-inch flapgates where the New Zealand mud snail was detected, workers will follow the practices listed in the 2010 Hazard Analysis and Critical Control Point Plan (HACCP) for SBC maintenance activities within the Malibu and Santa Monica Canyon watersheds. This plan includes guidelines to prevent the spread of

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8.. Federal Agency/P~rmit:

9. Other Required Regulatory Approvals:

1 0. Califomia Environmental Quality Act Compliance:

11. Receiving Water:

12. Designated Beneficial Uses:

13. Impacted Waters of the· United States:

14. 15. Dredge Volume:

16. Related Projects Implemented/to ·be Implemented by the Applicant:

17. A voidance/ Minimization Activities:

ATTACHMENT A

Project Information File No. 15-038

the New Zealand mud snail to other aquatic habitats.

Work will be confined to the riverside of the levee slopes.

U.S. Army Corps of Engineers NWP No. 31 (Permit No. 2015-00258-BLR)

California Department of Fish and Wildlife Streambed Alteration Agreement No. 1600-1999-007 6-R5

The proposed project is Categorically Exempt from CEQA pursuant to the CEQA Guidelines, Section 15301 Existing Facilities.

,Los Angeles River (Hydrologic Unit Code: 180701 050402)

IND, NAV, REC-1, REC-2, COMM, EST, MAR, WILD, RARE, MIGR, SPWN, SHELL, WET

}

Vegetated streambed: 3.159 temporary acres

None

LACFCD .maintains channels throughout Los Angeles County. This project is not within the programmatic Soft-Bottom Channel maintenance Waste Discharge Requirements.

In addition, invasive vegetation, Arundo donax, removal activities were authorized in SBC 114 under ACOE RPG 41 and Water Quality Certification File No.l3-110 in Fall of2013.

The Applicant has proposed to implement several Best Management Practices, including, but not limited to, the following:

• A debris fence at the base of the slope along the river will be installed and sand bags, or stop logs along the base of the work site will be used to pl'ohibit dust/debris from leaving the site that could later find its way into the watercourse.

• All work will take place during a five day clear forecast and at low tide to ensure minimal impacts to any aquatic species

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18. Proposed Compensatory Mitigation:

19. Required Compensatory Mitigation:

ATTACHMENT A

Project Information File No. 15-038

A qualified biological monitor will be available on-site if necessary

• All work will be scheduled to occur outside of bird nesting season. If necessary to conduct work within nesting bird season (March 15 - August 31 ), vegetation that provides potentially suitable habitat for nesting will be surveyed weekly by a biologist within 48 hours of the start of work. Work will only proceed once the biologist has confirmed that no nesting birds are present. If a nest is discovered, an appropriate buffer determined by the biologist will be designated and demarked with flagging for crews to avoid

• If it is necessary for the maintenance crew "to enter the mudflat area near the location where the New Zealand mud snail was detected during the July 30, 2014 biological survey, workers will follow the practices listed in the HACCP for SBC maintenance activities within the Malibu and Santa Monica Canyon watersheds. This plan includes guidelines to prevent the spread of the New Zealand mud snail to other aquatic habitats.

The Applicant has not proposed any compensatory mitigation.

The Regional Board will not require compensatory mitigation as this reach has been maintained since it was engineered prior to adoption of the Clean Water Act.

See Attachment B, Conditions of Certifications, Additional Conditions for modifications and additions to the above proposed compensatory mitigation.

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STANDARD CONDITIONS

ATTACHMENT B

Conditions of Certification File No. 15.-038

Pursuant to §3860 of Title 23 of the California Code of Regulations (23 CCR), the following three standard conditions shall apply to this project:

1. This Certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to §13330 of the California Water Code and Article 6 (commencing with 23 CCR §3867).

2. This Certification action is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent Certification application was filed pursuant to 23 CCR Subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. Ce1iification is conditioned upon total payment of any fee required pursuant to 23 CCR Chapter 28 and owed by the Applicant.

ADDITIONAL CONDITIONS

Pursuant to 23 CCR §3859(a), the. Applicant shall comply with the following additional conditions:

1. The Applicant shall submit to this Regional Board copies of any other final permits and agreements required for this project, including, but not limited to, the U.S. Army Corps of Engineers' (ACOE) Section 404 Permit and the California Depruiment of Fish and Wildlife's (CDFW) Streambed Alteration Agreement. These documents shall be submitted prio~ to any discharge to waters of the State.

2. The Applicant shall adhere to the most stringent conditions indicated with either this Certification, the CDFW's Streambed Alteration Agreement, or the ACOE Section 404 Permit.

3. The Applicant shall comply with all water quality objectives, prohibitions, and policies set forth in the Water Quality Control Plan, Los Angeles Region. (1994), as amended.

4. The A voidance/Minimization activities proposed by the Applicant as described m Attachment A, No. 16, are incorporated as additional conditions herein.

5. The Applicant and all contractors employed by the Applicant shall have copies of this Certification, the .maintenance plan and all other regulatory approvals for this project on site at all times and shall be familiar with all conditions set forth.

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ATTACHMENT B

Conditions of Certification File No. 15-038

6. Fueling, lubrication, maintenance, operation, and storage of vehicles and equipment shall not result in a discharge or a threatened discharge to waters of the State. At no time shall the Applicant use any vehicle or equipment which leaks any substance that may impact water quality. Staging and storage areas for vehicles and equipment shall be located outside of waters of the State.

7. All excavation, construction, or maintenance activities shall follow best management practices to minimize impacts to· water quality and beneficial uses. Dust control activities shall be conducted in such a manner that will not produce downstream runoff.

8. No construction material, spoils, debris, or any other substances associated with this project that m$.y adversely impact water quality standards, shall be located in a manner which may result in a discharge or a threatened discharge to waters of the State. Designated spoil and waste areas shall be visually marked prior to any excavation and/or construction activity, and storage of the materials shall be confined to these areas.

9. All waste or dredged material removed shall be relocated to a legal point of disposal if applicable. A legal pomt of disposal is defmed as one for which Waste Discharge Requirements have been established by a California Regional Water Quality Control Board; and is in full compliance therewith: Please contact the Land Disposal Unit for further information regarding the disposal of solid wastes.

10. The Applicant shall implement all necessary control measures to prevent the degradation of water quality from the proposed project in order to maintain compliance with the Basin Plan. The discharge shall meet all effluent limitations and toxic and effluent standards established to comply with the applicable water quality standards and other appropriate requirements, including the provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act. This Certification does not authorize the discharge by the applicant for any other activity than specific~lly described in the 404 Permit.

11. The discharge shall not: a) degrade surface water coll1111unities and populations including vertebrate, invertebrate, and plant species; b) promote the breeding of mosquitoes, gnats, black flies, midges, or other pests; c) alter the color., create visual contrast with the natural appearance, nor cause aesthetically undesirable discoloration of the receiving waters; d) cause formation of sludge deposits; or e) adversely affect any designated beneficial uses.

12. The Applicant shall allow the Regional Board and its authorized representative entry to the premises, including all mitigation sites, to inspect and undertake any activity to determine compliance with this Certification, or as otherwise authorized by the California Water Code.

13. Application of pesticides must be supervised by" a certified applicator and be in conformance with manufacturer's specifications for use. Compounds used must be appropriate to the

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ATTACHMENT B

Conditions of Certification File No. 15-038

target species and habitat. All pesticides directed toward aquatic species must be approved by the Regional Board. Pesticide utilization shall be in accordance with State Water Resources Control Board Water Quality Order Nos. 2011-0003-DWQ,' for Aquatic Animal Invasive Species Control; 2011-0004-DWQ, for Spray Applications; 2011-0002-DWQ, for Vector Control; and 2013-0002-DWQ, for Weed Control.

14. The Applicant shall not conduct any construction activities within waters of the State during a rainfall event. The Applicant shall maintain a five-day (5-day) clear weather forecast before conducting any operations within waters of the State.

15. If rain is predicted after operations have begun, grading activities must cease immediately and the site must be stabilized to prevent impacts to water quality, and minimize erosion and runoff from the site.

16. The Applicant shall utilize the services of a qualified biologist with expertise in riparian assessments during any vegetation clearing activities. The biologist shall be available on site during construction activities to ensure that all protected areas are marked properly and ensure that no vegetation outside the specified areas is removed. The biologist shall have the authority to stop the work, as necessary, if instructions are not followed. The biologist shall be available upon request from this Regional Board for consultation within 24 hours of request of consultation.

17. No activities shall involve wet excavations (i.e., no ex~avations shall occur below the seasonal high water table). A minimum 5-foot buffer zone shall be maintained above the existing groundwater level. If construction or groundwater dewatering is proposed or anticipated, the Applicant shall file a Report of Waste Discharge (ROWD) to this Regional Board and obtain any necessary NPDES pennits/Waste Discharge Requirements prior to discharging waste.

Sufficient time should be allowed to obtain any such permits (generally 180 days). If groundwater is encountered without the benefit' of appropriate permits, the''Applicant shall CC?ase all activities in the area~ where groundwater is present, file a Report of Waste Discharge to this Regional Board, and obtain any necessary permits prior to discharging waste.

18. All project/construction/maintenance activities not included in tllis Certification, and which may require a permit, must be reported to the Regional Board for appropriate permitting. Bank stabilization and grading, as well as any other ground disturbances, are subject to restoration and revegetation requirements, and may require additional Certification action.

19. . All surface waters, including ponded waters, shall be diverted away from areas und~rgoing grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to the receiving water. If surface water diversions are anticipated, the

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ATTACHMENT B.

Conditions of Certification File No. 15-038

Applicant shall develop and submit a Surface Water Diversion Plan (plan) to this Regional Board. The plan shall include the proposed method and duration of diversion activities, structure configuration, construction materials, equipment, erosion and sediment controls, and a map or drawing indicating the locations of diversion and discharge points. Contingency measures shall be a part of this plan to address various flow discharge rates. The plan shall be submitted prior to any surface water diversions. If surface flows are present, then upstream and downstream monitoring for the following shall be implemented:

.pH • temperature • dissolved oxygen .turbidity • total suspended solids(TSS)

Analyses must be performed using approved US Environmental Protection Agency methods, where applicable. These constituents shall be measured at least once prior to diversion and then monitored for on a daily basis during the first week of diversion and/or dewatering activities, and then on a weekly basis, thereafter, until the in-stream work is complete.

Results of the analyses shall be submitted to this Regional Board by the 15th day of each subsequent sampling month. A map or drawing indicating the locations of sampling points shall be included with each submittaL Diversion activities shall not result in the degradation of beneficial uses or exceedance of water quality objectives of the receiving waters. Downstream TSS shall be maintained at ambient levels. \Vhere natural turbidity is between 0 and 50 Nephelometric Turbidity Units (NTU), increases shall not exceed 20%. \Vhere natural turbidity is greater than 50 NTU, increases shall not exceed 10%. Any such violations may result in corrective and/or enforcement actions, ·including increased monitoring and san1ple collection.

20. The Applicant shall restore all acres of TEMPORARY IMPACTS to waters of the United States and all other areas of temporary disturbance which could result in a discharge or a threatened discharge to waters of the State. Restoration shall include grading of disturbed areas to pre-project contours.

21. The Applicant shall submit to this Regional Board Annual Monitoring Reports (Annual Reports) by January 1st of each year for a minimum period of five (5) years following this issuance of 401 Ce1iification has been achieved and documented. The Annual Reports shall describe in detail all of the project activities performed during the previous year and all restoration and mitigation effmis. At a minimum the Annual Reports shall include the following documentation:

(a) Color photo documentation of the pre- and post-project site conditions;

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ATTACHMENT B

Conditions of Certification File No. 15-038

(b) The overall status of project including whether or not work has begun on the Project and a detailed schedule;

(c) Water quality monitoring results for each reach (as required) compiled in a spreadsheet form~t;

, (d) A certified Statement of"no net loss'' ofwetlands associated with this project;

(e) Narrative and photo documentation of any BMP installations during and post-project maintenance activities;

(f) Evaluation of the effectiveness ofBMPs utilized based on field observations and water quality monitoring data required;

(g) Photo documef!,tation of any vegetation left within maintenance areas immediately following maintenance clearing (including acreage):

(h) Documentation of estimates of volumes of vegetation removed from the project areas including an analysis of inter-annual trends in vegetation loads by reach;

(i) Documentation of estimates of volumes of trash removed from the project areas including an analysis of inter-annual trends in trash loads by reach;

G) Documentation of estimates of volumes of sediment removed from the project areas including an analysis of inter-annual trends in sediment loads by reach;

(k) Biological infonnation including baseline biological surveys and post-surveys;

(1) A certified statement of "No Net Loss" of Wetlands Associated with this project;

(m) Discussion of any monitoring activities and exotic plant control efforts; and

(n) Description of all outreach activities in the previous year.

22. All.applicaticins, reports, or information submitted to the Regional Board shall be signed:

(a) For corporations, by a principal executive officer at least of the level of vice president or his duly authorized representative, i~ such representative is responsible for the overall operation of the facility from which discharge originates.

(b) For a partnership, by a general partner.

(c) For a sole proprietorship, by the proprietor.

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ATTACHMENT B

Conditions of Certification File No. 15-038

(d) For a municipal, State, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.

23. Each and any report submitted in accordance with this Certification shall contain the following completed declaration:

"I declare under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am. aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Executed on the ____ day of ______ at ___________ _

____ __.:_ ______ .(Signature)

---------'-----(Title)"

24. All communications regarding this project and submitted to this Regional Board shall identify the Project File Number 15-038. Submittals shall be sent to the attention of the 4:01 Certification Unit.

25. Any modifications of the proposed project may require submittal of a new Clean Water Act Section 401 Water Quality Certification application and appropriate filing fee.

26. The project shall comply with the local regulations associated with the Regional Board's Municipal Stormwater Permit issued to Los Angeles County and co-permittees under NPDES No. CAS004001 and Waste Discharge Requirements Order No. R4-2012-0175. The project shall also comply with all requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity, Order No. 2012-0011-DWQ. All stormwater treatment systems shall be located outside of any water of the State and shall not be used as a wetland or riparian mitigation credit.

27. Coverage under this Certification may be transferred to the extent the underlying federal pennit may legally be transferred and further provided that the Applicant notifies the Executive Officer at least 3 0 days before the proposed transfer date, and the notice includes a written agreement between the existing and new Applicants containing a specific date of coverage, responsibility for compliance with this Certification, and liability between them.

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ATTACHMENT B

Conditions of Certification File No. 15-038

28. The Applicant or their agents shall report any noncompliance. Any such information shall be provided verbally to the Executive Officer within 24 hours from the time the Applicant becomes aware of the circumstances. A written submission shall also be provided within five days of the time the Applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is . expected to continue and ·steps taken or planned to reduce, eliminate and prevent recurrence of the noncompliance. The Executive Officer, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

29. Erifor-cement:

(a) In the event of any violation or threatened violation of the conditions of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under State law. For purposes of section 40l(d) of the Clean Water Act, the applicability of any State law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification.

(b) In response to a suspected violation of aiJ.Y condition of this Certification, the State Water Resources Control Board (SWRCB) or Regional Water Quality Control Board (RWQCB) may require the holder of any permit or license subject to this Certification to furnish, under penalty of perjury, any technical or monitoring reports the SWRCB deems appropriate, provided that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

(c) In response to any violation of the conditions of this ·certification, the SWRCB or R WQCB may add to ·or modify the conditions of this Certification as appropriate to ensure compliance.

30. Tllis Certification shall expire five (5) years from date of this Certification. The Applicant shall submit a complete application at least 90 days prior to termination of this Certification if renewal is requested.

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